Document #1117607
IRB – Immigration and Refugee Board of Canada (Author)
Article 516 of the Ecuadoran criminal code,
specifically clause 1, likens homosexuality to a crime and
prescribes penalties of four to eight years in prison for
homosexual acts practised by consenting adults over 21 years of age
(ICCHRLA, Apr. 1996, 18; IPS 26 Nov. 1997). Other parts of section
516 place homosexuality in the same class as incest and pedophilia
(ibid.).
According to the president of the
Ecumenical Human Rights Commission of Ecuador (CEDHU), there are
abuses but victims are too afraid to complain (ICCHRLA Apr. 1996,
7). According to the president, homosexuals are depicted as
abnormal and dangerous individuals who corrupt youth (ibid.).
However, following a two-month campaign
interspersed with demonstrations against Article 516 led by the gay
community, the Constitutional Court of Ecuador, in what has been
called a historical decision, ruled that sentences of imprisonment
imposed on consenting persons engaging in homosexual activities
were unconstitutional, and it decriminalized homosexuality (AFP 25
Nov. 1997; IPS 26 Nov. 1997). This decision of 25 November 1997
also followed on the heels of the action brought by the gay
community on 24 September 1997 against the government to force it
to decriminalize homosexuality (AFP 25 Nov. 1997).
According to Orlando Montoya, one of the
leaders of the organization Triangulo Andino, the largest
gay and lesbian organization in Ecuador, the most important aspect
of this resolution lies in the fact that recognition of the rights
enjoyed by Ecuadorian citizens must be extended to gays, lesbians
and transsexuals (IPS 26 Nov. 1997). The decision was hailed with
public celebrations by the homosexual community throughout Ecuador
(ibid.).
The attached articles provide additional
information on the Constitutional Court's decision and on the
situation of homosexuals in Ecuador.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Agence France Presse (AFP). 25 November
1997. "Ecuador Legalizes Homosexual Acts Between Consenting
Adults." (NEXIS)
Inter-Church Committee on Human Rights
in Latin America (ICCHRLA) [Toronto]. April 1996. Violence
Unveiled: Repression Against Lesbians and Gay Men in Latin
America. Toronto: ICCHRLA.
Inter Press Service (IPS). 26 November
1997. Mario Gonzalez. "Ecuador-Rights: Homosexuals Celebrate
Decriminalization." (NEXIS)
Attachments
ILGA Bulletin [Brussels].
January-February-March 1998. No. 1. "Homosexuality Legal in
Ecuador!!," pp. 19-20.
Inter Press Service (IPS). 29 July 1997.
Mario Gonzalez. "Ecuador: Gays Seek Greater Role in Constitutional
Reform." (NEXIS)
Additional Sources Consulted
Country Reports on Human Rights
Practices for 1997. 1997.
IGLHRC Action Alert [San Francisco].
1997-98.
ILGA Bulletin [Brussels]. 1997-98.
Latin America Regional Report:
Andean Report [London]: 1997-98.
Electronic sources: IRB databases,
Global News Bank, Lexis/Nexis, REFWORLD, World News Connection
(WNC).
Information on the situation of homosexuals and the recourses available to them to uphold their rights [ECU29070.FE] (Response, French)